Departing U.S. President Joe Biden has pardoned nearly 1,500 people of criminal consequences just weeks before the end of his administration, setting a new single-day clemency record.
In the U.S. Constitution, Presidents are granted a range of powers to dismiss federal charges, or end a sentence early via ‘commutations’, ‘reprieves’ and ‘pardons’.
According to a statement, Biden said it was a “great privilege of extending mercy to people who have demonstrated remorse and rehabilitation”.
Clemency powers
The U.S. Constitution says a President can “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” In practice, this can take three forms.
‘Pardons’ are given when an individual is completely forgiven of a federal crime, and their civil liberties (like the right to bear arms) are restored. A pardon doesn’t remove a conviction, but can mean the individual doesn’t serve a prison sentence.
A ‘commutation’ is when a sentence is reduced, especially in cases where the President believes the punishment is too severe for the crime.
A ‘reprieve’ is a rare pause of criminal proceedings – such as delaying the death penalty if new evidence could potentially be presented.
Importantly, clemency decisions are final and cannot be later reversed by another President.
Overall, Biden has granted clemency to almost 1,700 people during his term. Donald Trump granted clemency to 237 people, while Barack Obama granted the most of any President in the last 60 years with 1,927.
Record day
On Friday, the White House announced 1,499 individuals currently serving home confinement sentences had been commuted, and 39 others convicted of non-violent crimes granted pardons.
Biden said those whose sentences were commuted had been placed in home confinement during the COVID-19 pandemic for crimes that “would receive lower sentences if charged under today’s laws.”
The 39 individuals pardoned were convicted of non-violent offences, including drug charges and charges from outdated anti-LGBTQIA+ laws.
Biden indicated he would grant clemency to more individuals before he officially leaves office in mid-January, and is reviewing a number of other clemency petitions filed by individuals and civil rights organisations.
According to the Pew Research Center, every President since Gerald Ford in the 1970s has issued pardons or commutations in their final two days in office.
Bidens
The announcement of the new pardons comes just one week after Biden pardoned his son, Hunter Biden, who was convicted of tax evasion and illegal gun possession.
Hunter Biden was awaiting sentencing for both convictions this month.
When he announced the pardon, Biden said: “I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and led to a miscarriage of justice”.
